Barry Bonds’ lawyers argue his obstruction of justice conviction today

17 Comments

Barry Bonds lawyers will head into court today to argue his appeal of his obstruction of justice conviction today. There will be no decision today because that’s not how appellate courts roll, but when you read the Bonds headlines later, that’s what it’s about.

To review: Bonds was acquitted on all counts of perjury, but convicted for obstruction of justice. The basis for that conviction: a rambling answer to a question about whether anyone besides team doctors ever injected him with anything. His initial answer was something incoherent about being a “celebrity child.” Prosecutors and the jury say that that answer was “intentionally false, misleading and evasive.”

What no one ever seems to mention, though, is that Bonds actually answered the question:

source:

 

As I’ve said before: maybe that “no” is lie. Probably is in fact. But the jury didn’t agree, acquitting him on that very question with respect to the perjury count. No, the prosecution claimed, and the jury agreed, that the question was not answered. That Bonds “misled and evaded” the grand jury.

The prosecution can say that all it wants — and maybe the appeals court will uphold the conviction because courts hate overturning jury verdicts as a general rule — but the fact is, Bonds was asked a yes or no question and he answered “no.”  He rambled for a minute, just as every single witness in every single deposition or grand jury hearing in the history of Anglo-American jurisprudence has done.  But he answered the question.  Even the jurors, interviewed after the trial, agreed that he did and questioned their conviction of him. “Wolfram” was one of the jurors:

Wolfram, 25, who works with developmentally disabled adults in Concord, Calif., said four of the jurors were unsure of the wording of that charge in the first place. She said she and those other jurors noticed that Bonds in his grand jury testimony eventually answered whether Anderson had ever injected him. But he did so a few pages later in his testimony, Wolfram said, not in the section mentioned in the charge. She said she and the other three jurors thought Bonds should not be convicted if he ultimately answered the question.

Wolfram said later, however, that they felt they had no choice because the jury instructions — authored by the prosecution — forbade them from looking at his “no, no” answer a page or two after the question was initially asked. To repeat: The prosecution, via the judge’s approval of their jury instruction, specifically told the jury TO NOT LOOK AT THE ANSWER TO THE QUESTION. That is the legal basis of the appeal, by the way: bad jury instruction that all but required a guilty verdict, regardless of the actual facts.

Whatever the case, how all this constitutes obstruction of justice is utterly baffling to me still, a decade after he answered the question. Courts and common sense agree: It is not the job of the criminal justice system to punish an evasive or non-responsive witness. It is the job of the person asking the question to pin an evasive witness down. Here the lawyer in question didn’t do that, but either way, the question was ultimately answered.

Anyway, it’s now up to the Court of Appeals to explain how that constituted obstruction. I’m quite eager to hear how it does. And if it does, I’m quite eager to see if prosecutors start adding obstruction of justice counts to every single case on every single docket in the American judicial system. Because on this rationale, they most certainly could.

Report: Brewers sign Yovani Gallardo to a major league deal

Getty Images
3 Comments

Free agent right-hander Yovani Gallardo is headed back to the Brewers on a major league deal, The Athletic’s Ken Rosenthal reports. No other terms have been reported yet, as the agreement is still pending a physical.

Gallardo, 31, completed a one-year run with the Mariners before getting his $13 million option declined by the team last month. He provided little value during his time in Seattle, pitching to a 5-10 record in 22 starts and putting up a 5.72 ERA, 4.1 BB/9 and 6.5 SO/9 in 130 2/3 innings as both a starter and reliever.

Still, assuming the veteran righty is on the cusp of a comeback, he may as well try for it with his original club. Gallardo last appeared for the Brewers from 2007 to 2014, racking up a cumulative 20.8 fWAR and peaking during the 2010 season, when he earned his first All-Star nomination and Silver Slugger award. This will be his ninth career season with the club.

Even with Gallardo aboard, the Brewers are expected to continue deepening their pitching stores for 2018. With team ace Jimmy Nelson still recovering from shoulder surgery, the club will enter the season with a projected rotation of Gallardo, Zach Davies, Chase Anderson and Junior Guerra, the latter of whom pitched just 70 1/3 innings in 2017 following a right calf strain and shin contusion. Another big name pitcher could help cement Milwaukee’s rotation and keep them competitive for another year, though they don’t appear to have made any concrete moves in that direction so far.